Contribution Among Borrowers. Notwithstanding that Borrowers are jointly and severally liable to Lender for payment of the Loan, as among Borrowers, each shall be liable only for such Borrower’s Allocated Amount (as hereinafter defined) and, accordingly, each Borrower whose Property or other assets are, from time to time, utilized to satisfy a portion of the Debt in excess of such Borrower’s Allocated Loan Amount, shall be entitled, commencing 95 days after payment in full of the Debt, to contribution from each of the other Borrowers pro-rata in accordance with their respective liabilities in accordance with this Agreement. The “Allocated Amount” for each Borrower shall equal the Allocated Loan Amount for the Property owned by such Borrower.
Contribution Among Borrowers. The Borrowers agree as between themselves and without limiting any liability of any Borrower hereunder to the Agent or the Lenders, that to the extent any payment of the Co-Borrower Obligations of the Borrowers is required to be made under this Agreement, to the extent that any Borrower shall make a payment under this Agreement (a “Borrower Payment”) which, taking into account all other Borrower Payments then previously or concurrently made by any other Borrower, exceeds the amount which otherwise would have been paid by or attributable to such Borrower if each Borrower had paid the aggregate Co-Borrower Obligations satisfied by such Borrower Payment in the same proportion as such Borrower’s “Allocable Amount” (as defined below) (as determined immediately prior to such Borrower Payment) bore to the aggregate Allocable Amounts of each of the Borrowers as determined immediately prior to the making of such Borrower Payment, then, following payment in full in cash of the Co-Borrower Obligations, such Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Borrower for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Borrower Payment. As of any date of determination, the “Allocable Amount” of any Borrower shall be equal to the maximum amount of the claim which could then be recovered from such Borrower under this Agreement without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law.
Contribution Among Borrowers. (a) To the extent that any payment is made on the Obligations by or on behalf of any Borrower under or pursuant to this Article XII (a "BORROWER PAYMENT") which, taking into account all other Borrower Payments then previously or concurrently made by any other Borrower, exceeds the amount which otherwise would have been paid by or attributable to such Borrower if each Borrower had paid the aggregate Obligations satisfied by such Borrower Payment in the same proportion as such Borrower's "Allocable Amount" (as defined below) (as determined immediately prior to such Borrower Payment) bore to the aggregate Allocable Amounts of each of the Borrower as determined immediately prior to the making of such Borrower Payment, then, following payment in full in cash of the Obligations and the termination or expiration of all Commitments, such Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, the other Borrower for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Borrower Payment.
Contribution Among Borrowers. To the extent that any Borrower shall make a payment (each a “Borrower Payment”) of all or any portion of the Obligations, then such Borrower shall be entitled to contribution and indemnification from, and be reimbursed by, the other Borrowers in an amount equal to a fraction of such Borrower Payment, the numerator of which fraction is such other Borrower’s Allocable Amount and the denominator of which is the sum of the Allocable Amounts of all Borrowers. This Section is intended only to define the relative rights of the Borrowers, and nothing set forth in this Section is intended to or shall impair the obligations of the Borrowers, jointly and severally, to pay any amounts, as and when the same shall become due and payable in accordance with the terms of this Agreement and the other Loan Documents. The Borrowers acknowledge that the rights of contribution and indemnification hereunder shall constitute assets in favor of each Borrower to which such contribution and indemnification is owing. Any right of contribution of any of the Borrowers shall be subject and subordinate to the prior indefeasible payment in full of the Obligations.
Contribution Among Borrowers. Notwithstanding that the Borrowers are jointly and severally liable to Lender for payment of the Loan, as among the Borrowers, each shall be liable only for such Borrower’s Ratable Share (as hereinafter defined) and, accordingly, each Borrower whose percentage ownership interest in the Property or other assets are, from time to time, utilized to satisfy a portion of the Debt in excess of such Borrower’s Ratable Share, shall be entitled, commencing 95 days after payment in full of the Debt, to contribution from each of the other Borrowers pro-rata in accordance with their respective liabilities in accordance with this Agreement. As used herein, “Ratable Share” means each Borrower’s percentage interest in the Property, as such percentage interest is set forth in the Tenant in Common Agreement.
Contribution Among Borrowers. (a) To the extent that a Borrower shall make a payment (each a “Borrower Payment”) of all or any portion of the Obligations, then such Borrower shall be entitled to contribution and indemnification from, and be reimbursed by, the other Borrower in an amount equal to a fraction of such Borrower Payment, the numerator of which fraction is such other Borrower’s Allocable Amount and the denominator of which is the sum of the Allocable Amounts of both Borrowers.
Contribution Among Borrowers. (a) The Domestic Borrowers agree as between themselves and without limiting any liability of any Domestic Borrower hereunder to the Administrative Agent, the Issuing Bank or the Domestic Lenders, that to the extent any payment of the Obligations of the Domestic Borrowers is required to be made under this Agreement, each Domestic Borrower shall be responsible for a portion of such payment equal to the product of (a) a fraction, the numerator of which is the net worth (determined in accordance with GAAP) of such Domestic Borrower on the date of such payment and the denominator of which is the aggregate net worth (computed as aforesaid) of the Domestic Borrowers, multiplied by (b) the amount of such payment (such product being such Domestic Borrower’s “DB Contribution Amount”). To the extent that any Domestic Borrower (the “Paying Domestic Borrower”) shall make a payment in respect of the Obligations of the Domestic Borrowers under this Agreement in excess of its DB Contribution Amount, the other Domestic Borrowers shall reimburse the Paying Domestic Borrower in an amount equal to the excess of such payment over the Paying Domestic Borrower’s DB Contribution Amount, pro rata based on the respective net worths of such other Domestic Borrowers at the date enforcement under this Agreement is sought.
Contribution Among Borrowers. (a) To the extent that any Domestic Borrower shall make a payment under this Agreement (a “DB Payment”) which, taking into account all other DB Payments then previously or concurrently made by any other Domestic Borrower, exceeds the amount which otherwise would have been paid by or attributable to such Domestic Borrower if each Domestic Borrower had paid the aggregate Obligations satisfied by such Domestic Borrower in the same proportion as such Domestic Borrower’s “DB Allocable Amount” (as defined below) (as determined immediately prior to such DB Payment) bore to the aggregate DB Allocable Amounts of each of the Domestic Borrowers as determined immediately prior to the making of such DB Payment, then, following indefeasible payment in full in cash of the DB Payment and the Obligations, the termination or expiry of all Commitments and Letters of Credit, such Domestic Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Domestic Borrower for the amount of such excess, pro rata based upon their respective DB Allocable Amounts in effect immediately prior to such DB Payment.
Contribution Among Borrowers. Notwithstanding that Borrowers are jointly and severally liable to Lender for payment of the Loan, as among Borrowers, each shall be liable only for such Borrower’s Ratable Share (as hereinafter defined) and, accordingly, each Borrower whose Collateral or other assets are, from time to time, utilized to satisfy a portion of the Debt in excess of such Borrower’s Ratable Share, shall be entitled, commencing ninety-five
Contribution Among Borrowers. (a) At any time a payment in respect of the Obligations is made by any Borrower, the right of contribution, if any, of each Borrower against each Contributor shall be determined as provided in the immediately following sentence, with the right of contribution of each Borrower to be revised and restated as of each date on which such a payment (a "RELEVANT PAYMENT") is made. At any time that a Relevant Payment is made by a Borrower that results in the aggregate payments made by such Borrower in respect of the Obligations to and including the date of the Relevant Payment exceeding such Borrower's "CONTRIBUTION PERCENTAGE" (as hereinafter defined) of the aggregate payments made by all Borrowers in respect of the Obligations to and including the date of the Relevant Payment (such excess, the "AGGREGATE EXCESS AMOUNT"), each such Borrower shall have a right of contribution against each Contributor that has made payments in respect of the
